Fiduciary Services

Simon Associates provides a wide range of services to individuals and businesses in a variety of industries. At Simon Associates, we strive to meet each client's specific needs in planning for the future and achieving their goals in an ever-changing financial and regulatory environment.

Trusts

There are many different types of Trusts. Barbara has served as Trustee of living trusts, testamentary trusts, revocable and irrevocable trusts, special needs, life insurance, qualified residence, and qualified terminable interest property trusts. See our glossary for explanations of many of these most common trust types.

Trusts are designed to deal with specific property and may not cover all the assets in your estate. Normally you will need a Will in conjunction with your trust to transfer any assets found outside your trust into your trust upon your death. A trust is not generally court supervised and does not become public knowledge like a will (probate estate) does.

At Simon Associates we serve in both trustee and estate executor capacities. The skills and process to administer a Trust are similar to that of an estate. At Simon Associates we dedicate the time necessary to identity, organize, and marshal (bring into your trust) all the assets of your trust and any assets that may not have originally been titled to your trust. Our experience will streamline dealing with a wide number of financial institutions and their varying requirements to marshal all trust/estate assets.

We understand the temperament and range of personalities of the beneficiaries and how keep communications informative while remaining neutral. We know the rules of Probate which apply to trusts and have the experience of settling from the simple to complex types. We will keep your trust/estate organized and running smoothly during the entire process and distribute when appropriate. With the added experience of our income tax background we can balance when to liquidate assets and how to match expenses to the distributions for the best tax outcome.

See the section Estates: For Family and Individuals for more details and when to consider a professional.

Conservatorship

Conservatorship is a legal proceeding in the probate courts of California and begins when the Court determinations an individual lacks of capacity to manage his or her own affairs. A conservator is appointed to assist with the personal affairs, health decisions, financial affairs, and well-being of any individual who lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or estate.

When Barbara Simon is appointed as conservator, we are responsible to the court and must provide status reports and accountings in writing on a regular basis. If there are any significant changes in the person's condition, documentation and written updates are supplied to the court immediately.

Simon Associates is often appointed as both Conservator of the Person: responsible for the health, medical, well being, and living situation of the Conservatee, or as Conservator of the Estate: responsible for financial matters including bill paying, managing the checking account, and the other assets such as brokerage account, stocks and real estate, including rentals.

Whenever possible we at Simon Associates will involve our clients in their decision-making process to the maximum degree they are able. Care arrangements and choices for implementing care are always done in keeping with the historical preferences, values, and lifestyle of each client.

We strive to keep our clients at home and as independent as possible whenever medical and economical factors permit. Supplemental support services are often involved to assist our clients to achieve dignity and independence in a friendly, safe, and secure environment.

Estates (Personal Representative)

Barbara Simon has served as Executor, Administrator, or Personal Representative for over 26 years. Settling the final affairs of a deceased loved one takes time, skill, temperament, and knowledge of the Court or Probate rules. At Simon Associates we dedicate the time necessary to identify organize, and marshal all the assets. We have a strong track record for recognizing and tracing all the assets belonging to the Estate including finding assets that may have been lost. We also have experience in administering International Estates across the world. If you have assets in other countries preplanning will help streamline the process. See Trusts for experience that pertains to both trusts & estates.

For Family and Individuals: For Mom & Dad ? who should you appoint to settle your final affairs? Should you consider your family, if so which child? Do you have more than one adult child? Do they live far away? Do they have the time needed to execute all the paperwork and keep track of everything? Do your children all get along and agree on family affairs? Who should you appoint as your executor or successor trustee? If you choose one child will you offend the other(s)? If you choose two to work together will they get along? These are some of the questions you should ask yourself. Death is a stressful event, and you want everything to run smoothly for your family. If your family lives in harmony and they all get along, then your adult child may be your best choice as executor or trustee. If not, consider a professional fiduciary. Consider Simon Associates.

Also consider Simon Associates as successor trustee (second in line) behind your family member. This will give them alternatives when the appropriate time comes.

If you have already been appointed or are serving as an Executor or Trustee we are available to work with you. We can save you time, organize the estate/trust assets, set up your inventory, and assist you in all aspects of your duties.

Personal Advocate

Everyone needs a voice to communicate or assert their needs. When you are ill or ill equipped, we at Simon Associates push for your rights and protect them, whether that be in a medical situation, a hospital, or in a financial situation with a financial planner, broker, or banker, where your needs are not being met. We will navigate the Federal & State entitlements to ensure you receive the benefits you are entitled to. We can make referrals to resources, and coordinate with agencies, and experience professionals to create a team approach to secure your rights. When you don't know, we will. Simon Associates will narrow down and define your needs and implement them for your benefit.

Powers of Attorney for Finance

There are two kinds of Powers of Attorney: Financial and Health Care. Simon Associates will serve as both types of agent for you. See the next section for Health Care.

A Durable Power of Attorney for Finance (DPOA) pertains to all financial responsibilities for your estate. This may include bill paying, monitoring assets and pensions, preparing income taxes, and interfacing with professionals, financial advisors, attorneys. Using this type of document generally avoids the need for Conservatorship and Court supervision. Consider appointing someone who is neutral, has a clear understanding of financial matters, and is close in proximity.

When you appoint Simon Associates as your financial power of attorney, we will become your trusted advisor. We will take the time to understand what is important to you and how you have managed your finances in the past so we can continue with excellence. We act professionally to secure and manage your assets, pay your bills, keep good financial records, and provide you with a detailed account of all transactions made on your behalf. We treat all our duties with the same high standards as if we were under court supervision, so you can feel at ease knowing you are in professional hands. We will keep you informed. Read our section on Personal Advocacy too.

Powers of Attorney for Health Care

A Power of Attorney for Health Care is a document in which you appoint someone to make medical decisions for you when you can't. In this document you can state your medical preferences and end of life decisions. For the best result discuss your options with your Doctor who knows your medical history and can guide you. Choose someone who is located close to where you live and can visit your doctor or hospital when needed. Choose someone who can make informed and objective decisions on your behalf. Consider a professional if your adult children are in conflict. Consider a professional when you have two or more adult children who have difference ideas about what is best for your care, or who may not live close by.

When you appoint Simon Associates as your Power of Attorney for Health Care we make sure we know your medical wishes both while you are well and able, and when you can't make decisions because you are ill, or near the end of your life. We are your advocate, support, and act in your best interests to make sure you receive the best care possible. We maintain continuity by providing all medical professionals with your medical history. We coordinate your care and treatment with all medical professionals and hospitals and constantly check in with you about your preferences and available choices. We will keep your family informed and include their input when making medical decisions. We strive to maintain family harmony throughout difficult and stressful times.

Care Management

At Simon Associates we have extensive knowledge about the costs, quality, and availability of individual or family elder care services or services for disabled individuals in the San Francisco Bay Area. We act as representative, liaison, or advocate for support and clarity in evaluating and assessing and creating a plan when added support is needed. As your care manager we are your eyes and ears, and confidant and strive to acknowledge your preference and choice for aging safety. We will coordinate care transitions from hospital to home with all medical professionals and implement a clearly defined care plan which is vital to your safety and well being with the appropriate interventions to prevent crisis and maintain continunity. We will establish an ongoing communication with family members, local or long distance, and other care providers with regular monitoring to ensure goals of the care plan are being achieved.

Simon Associates offer options for healthcare, housing, housing alternatives, retirement communities, weather permanent or temporary placement is necessary. For those who wish to age in place, we offer options for the home, long term care planning and referrals to community support or appropriate services to maintain your security and safety. Options may include obtaining equipment, arranging and monitoring handyman and home repairs, ordering in-home services for meals, caregivers, medication monitoring, and working with all medical providers.

Daily Money Management

Daily Money Management is a term to explain financial services for the individual that includes bill paying, credit and debt consolidation, and advocacy on your behalf with creditors and vendors as well as evaluating and organizing all personal records. Simon Associates can provide these services in your home. We will review and reconciling you bank and financial statements to maintain your cash flow, prevent delinquencies, set you automatic systems, and verify your assets are safe and working for you. We review all types of insurance for property, casualty, auto, and medical, as well as documents for titles, deeds, and estate planning, for any changes necessary, for your protection, or issues that could be contrary to your wishes. We will establish a method of documentation to know what you have, where it is located, and what it is worth.

Support Services for Family Executors, Trustees and Attorney's

For Family and Individuals: If you have been appointed or are serving as an Executor or Trustee, we can help. You are required to follow a legal process which may be unfamiliar to you. All the assets will need to be transferred into the estate or trust and an inventory of their value prepared. An accounting for the beneficiaries may be necessary. Simon Associates can help. We have 25 years of experience and knowledge of the formal court rules and procedures for administrating a trust or estate. We can guide you, partner with you and your legal professionals and make sure you complete the process with a minimum of stress. If you are just starting now is the time to connect with us.

For the Attorneys: When you have that case with concerns over missing assets, or fiduciaries unfamiliar with the process we are here to lend support. Turn to us. We have found lost assets in many Estate cases and can utilize the IRS to find assets that may be missing or forgotten. We know the Court and non-court formats and can work with your clients and you to minimize your time and maximize the progression of the case. If you have a trustee or executor who is unfamiliar with the Court procedures and documents needed, we can help. We have over years of experience preparing inventory & appraisals, accountings, and other court required documents. We can aid your staff or prepare them for you. We can review historic financial records for lost assets, misuse or abuse. Whatever your needs we can provide the service or we will know you can. Call us first.

Estate Preservation and Long Term Care Planning

Pre planning for personal affairs will ensure your wishes and desires are carried out. We can be your sounding board and voice of reason for you in deciding the basic factors in estate planning: who do you want to leave your wealth to? We know many of the rules and can work with you on the preliminary planning. This will allow you to utilize your Attorney to the fullest extent allowing them to consult with you on the laws. We can interface with your Attorney as well. We want you to understand that despite our knowledge we can not give you legal advice. We advise you to have an attorney create your estate plan and give you official guidance on the legalities for your particular situation.

Long Term Care Planning has become a very important topic since 5% of those over 65 live in nursing homes today and up to 40% of adults over 90 may end up in Nursing Homes. Of children born today, 1 in 3 will live to be 100 years old. At Simon Associates, we will help you identify what is important for your personal future. We will explore your preferences for living options, costs and how to allocate assets to your later in life decisions. Think about what is important to you. Do you want to stay in your home or would you prefer other living options? Do you have the assets set aside for your future needs? Can you protect any of your assets now? Long-term asset preservation and tax planning may avoid unnecessary and unwanted consequences. We can also make referrals to Attorneys who specialize in long term care planning. Call or email for an appointment.